Environment Protection and Biodiversity Conservation Amendment (Reconsideration of Decisions)

Current status

This bill did not become law and is no longer proceeding.

Policy area

Climate, energy & environment

What does this bill do?

The bill would give people and groups 36 months to ask for a federal environment approval decision to be reconsidered, instead of leaving that request open-ended.

Why was it introduced?

An 11-year-old EPBCThe federal environment law this bill would amend. On this page, it is the law that sets the current rules for reconsidering approval decisions. approval for Macquarie HarbourThe Tasmanian site used as the main example in the bill materials. It is where a salmon farming approval was later reopened, prompting the push for time limits. salmon farming was reopened in November 2023 after requests from three activist groups, exposing that reconsideration requests had no time limit and unclear limits on who could make them. The bill sets a 36-month deadline for most reconsideration requests and then lets only the relevant state or territory ministerA state or territory environment minister who, under the bill, would get a special role after 36 months. On this page, that minister can seek reconsideration only for projects in their own jurisdiction. seek a rethink for projects in that jurisdiction.

Broader context

The EPBC ActThe federal environment law this bill would amend. On this page, it is the law that sets the current rules for reconsidering approval decisions. already allowed reconsideration requests with no time limit and little restriction on who could ask, and a 2012 Macquarie HarbourThe Tasmanian site used as the main example in the bill materials. It is where a salmon farming approval was later reopened, prompting the push for time limits. salmon farming approval was reopened in November 2023 after requests from three activist groups, exposing how long-settled approvals could be revisited. Senator Richard Colbeck introduced the bill in October 2024 to impose a 36-month limit and reserve later requests to the relevant state or territory ministerA state or territory environment minister who, under the bill, would get a special role after 36 months. On this page, that minister can seek reconsideration only for projects in their own jurisdiction., but the proposal was still only at second reading debateThe stage in Parliament where members debate the main purpose of a bill. On this page, it shows the bill was discussed but did not pass. in February 2025 and lapsed when Parliament ended in July 2025.

Key criticism

Critics said the bill would make it harder to revisit flawed federal environment approvals by cutting off community and expert reconsideration after 36 months, which they warned could weaken safeguards for waterways, endangered species and biodiversity. That case was raised mainly by Labor and the Greens in Senate debate, while supporters argued the change was about stopping open-ended uncertainty rather than changing the policy goal of environmental protection.

Who supported it?

Senator Richard Colbeck introduced this bill. Speeches supporting it came from Liberal Party, some crossbench members.

Introduced in Senate 08 Oct 2024
Failed in Senate 21 July 2025
Did not reach House
Did not become law

Did it become law?

No

The bill did not complete passage through Parliament.

Final passage

Did not pass

1 recorded vote before the bill stopped proceeding

Time before failure

286 days

From introduction to the final recorded step before the bill stopped proceeding

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. The bill would give people and groups 36 months to ask for a federal environment approval decision to be reconsidered, instead of leaving that request open-ended.

  2. After 36 months, only the relevant state or territory ministerA state or territory environment minister who, under the bill, would get a special role after 36 months. On this page, that minister can seek reconsideration only for projects in their own jurisdiction. could ask for a rethink of a federal environment approval, which would give approval holders more certainty.

  3. A state or territory ministerA state or territory environment minister who, under the bill, would get a special role after 36 months. On this page, that minister can seek reconsideration only for projects in their own jurisdiction. could only seek reconsideration for a project located solely in that same state or territory, not for projects in another jurisdiction.

  4. The bill would not change reconsideration requests already lodged before it started, so existing requests would keep being handled under the old rules.

Show source excerpts
  1. The Environment Protection and Biodiversity Conservation Amendment (Reconsiderations of Decisions) Bill 2024 seeks to set clear time limits and cut-off periods for decisions to be reconsidered as well as clear limits as to who is permitted to do so by law. This Bill would introduce a timeframe of 36 months from the day of the decision for a request for reconsideration of the decision to be made by a person who is not relevant minister of a state or self-governing territory. After the 36-month period has passed, the authority to request reconsideration of the decision becomes the exclusive purview of a relevant minister from the state or territory in which the environmental approval applies.
    Environment Protection and Biodiversity Conservation Amendment (Reconsideration of Decisions) explanatory memorandum
  2. In 2012, it was determined, under section 75 and 77A of the Environment Protection and Biodiversity Conservation Act 1999 that the proposed Marine Farming Expansion, Macquarie Harbour, Tasmania (EPBC 2012/6406) was not a controlled action if undertaken in a particular manner. In November of 2023, 11 years after this approval was given, the current Minister for the Environment and Water opened the reconsideration of this approval for consultation, at the behest of three activist groups. The precedent created by this action casts doubt over the certainty of every approval granted under the EPBC Act. To create greater certainty for those in receipt of approvals, the Bill limits the timeframe to request the reconsideration of an approval granted under the EPBC Act after a period of 36 months from the date of the approval. After this period has elapsed, only the minister of the relevant state or self-governing territory may request the reconsideration of an approval granted under the EBPC Act.
    Environment Protection and Biodiversity Conservation Amendment (Reconsideration of Decisions) explanatory memorandum
  3. 8. This item would insert a new subsection to provide that the ability of State and self-governing Territory Ministers is limited to requesting reconsiderations of decisions on actions that are proposed solely in their jurisdiction. For example, a Tasmanian Minister could not ask the Minister to reconsider an approval granted for an action to be taken solely in Queensland.
    Environment Protection and Biodiversity Conservation Amendment (Reconsideration of Decisions) explanatory memorandum
  4. This item would provide that requests made before the commencement of the item are not retroactively affected by the amendments proposed by this Bill.
    Environment Protection and Biodiversity Conservation Amendment (Reconsideration of Decisions) explanatory memorandum

Broader context for this bill

The EPBC ActThe federal environment law this bill would amend. On this page, it is the law that sets the current rules for reconsidering approval decisions. already allowed reconsideration requests with no time limit and little restriction on who could ask, and a 2012 Macquarie HarbourThe Tasmanian site used as the main example in the bill materials. It is where a salmon farming approval was later reopened, prompting the push for time limits. salmon farming approval was reopened in November 2023 after requests from three activist groups, exposing how long-settled approvals could be revisited. Senator Richard Colbeck introduced the bill in October 2024 to impose a 36-month limit and reserve later requests to the relevant state or territory ministerA state or territory environment minister who, under the bill, would get a special role after 36 months. On this page, that minister can seek reconsideration only for projects in their own jurisdiction., but the proposal was still only at second reading debateThe stage in Parliament where members debate the main purpose of a bill. On this page, it shows the bill was discussed but did not pass. in February 2025 and lapsed when Parliament ended in July 2025.

  1. 2012

    Macquarie HarbourThe Tasmanian site used as the main example in the bill materials. It is where a salmon farming approval was later reopened, prompting the push for time limits. salmon farming wins federal approval

    An EPBCThe federal environment law this bill would amend. On this page, it is the law that sets the current rules for reconsidering approval decisions. decision found the proposed Marine Farming Expansion in Macquarie HarbourThe Tasmanian site used as the main example in the bill materials. It is where a salmon farming approval was later reopened, prompting the push for time limits. was not a controlled actionA project or activity that needs federal environmental approval under the EPBC Act. In the Macquarie Harbour example, the project was found not to be a controlled action if done in a particular way. if carried out in a particular manner.

    Environment Protection and Biodiversity Conservation Amendment (Reconsideration of Decisions) explanatory memorandum ↗
  2. Nov 2023

    Minister reopens the Macquarie HarbourThe Tasmanian site used as the main example in the bill materials. It is where a salmon farming approval was later reopened, prompting the push for time limits. approval

    The explanatory memorandumThe document that explains what a bill does and why it is being introduced. This page uses it to describe the policy problem and the clause-by-clause changes. says the Environment Minister opened reconsideration of the 2012 approval after requests from three activist groups, spotlighting that EPBCThe federal environment law this bill would amend. On this page, it is the law that sets the current rules for reconsidering approval decisions. reconsideration requests had no time limit.

    Environment Protection and Biodiversity Conservation Amendment (Reconsideration of Decisions) explanatory memorandum ↗
  3. 08 Oct 2024

    Bill introduced to cap late reconsideration requests

    Senator Colbeck introduced the bill to set a 36-month deadline for most reconsideration requests and leave later requests to the relevant state or territory ministerA state or territory environment minister who, under the bill, would get a special role after 36 months. On this page, that minister can seek reconsideration only for projects in their own jurisdiction..

    Hansard ↗
  4. 12 Feb 2025

    Senate resumes debate on the bill

    Second reading debateThe stage in Parliament where members debate the main purpose of a bill. On this page, it shows the bill was discussed but did not pass. showed the bill had become a live fight over balancing environmental protections against certainty for Tasmania's salmon industry.

    Hansard ↗
  5. 21 July 2025

    Bill lapses at the end of Parliament

    The proposal failed to complete Parliament, leaving the existing EPBCThe federal environment law this bill would amend. On this page, it is the law that sets the current rules for reconsidering approval decisions. reconsideration rules unchanged.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 08 Oct 2024

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 08 Oct 2024

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Environment and Communications Legislation Committee; Committee report (11/12/2024) review 10 Oct 2024

Referred to Committee (10/10/2024): Senate Environment and Communications Legislation Committee; Committee report (11/12/2024)

Referred to committee

APH bill page notes
Second reading debateThe stage in Parliament where members debate the main purpose of a bill. On this page, it shows the bill was discussed but did not pass. 12 Feb 2025

The bill reached this recorded parliamentary step.

Lapsed at end of Parliament 21 July 2025

The bill reached this recorded parliamentary step.

The main case against this bill

Critics said the bill would make it harder to revisit flawed federal environment approvals by cutting off community and expert reconsideration after 36 months, which they warned could weaken safeguards for waterways, endangered species and biodiversity. That case was raised mainly by Labor and the Greens in Senate debate, while supporters argued the change was about stopping open-ended uncertainty rather than changing the policy goal of environmental protection.

Opposition focused on weaker review rights and safeguards, not on a detailed alternative redesign of the reconsideration process.

Cuts off community and expert review

Opponents said the bill would restrict who can seek reconsideration of old environment approvals after 36 months, shifting that power largely to state and territory ministers and reducing community and expert oversight of questionable decisions.

Raised by Labor senators and the Greens Source ↗

Weaker environmental safeguards

Critics argued the bill would move the EPBCThe federal environment law this bill would amend. On this page, it is the law that sets the current rules for reconsidering approval decisions. framework in the wrong direction by making it harder to reopen approvals when new concerns arise, risking weaker protection for nature, waterways and threatened species.

Raised by Karen Grogan, Sarah Hanson-Young and Nick McKim Source ↗

Recorded votes

Amendments at a glance

Other recorded votes grouped by chamber. Expand a vote to see the party breakdown.

Senate

Defeated

Force immediate vote on bill

Aye 30 No 31

Defeated 30 to 31. Support came from Liberal Party, Nationals, One Nation, Australia's Voice, and minor parties and independents. Opposition came from Labor and Greens.

12 Feb 2025

This was a closure vote. It tested whether the chamber would end debate and move straight to the substantive second-reading decision on the bill.

Party Recorded votes Aye / No
Labor 0 / 20
Liberal Party 18 / 0
Greens 0 / 11
Nationals 4 / 0
Independent 2 / 0
One Nation 2 / 0
Unknown 2 / 0
Australia's Voice 1 / 0
Jacqui Lambie Network 1 / 0

This list includes amendment votes, procedural votes and votes on the bill itself.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Richard Colbeck

Liberal Party • Senator 08 Oct 2024

Colbeck supports the bill, saying it would restore certainty by putting time limits on reconsidering environmental approvals and preventing open-ended challenges to past decisions.

Read in Hansard ↗
Lead opposing voice Opposes

Sarah Hanson-Young

Australian Greens • Senator 12 Feb 2025

Sarah Hanson-Young says the Greens will oppose the bill because it is a Coalition attack on environmental protection and expert advice, driven by the interests of big polluters and the salmon industry.

Read in Hansard ↗
Lead supporting voice Supports

Tammy Tyrrell

Independent • Senator 12 Feb 2025

Tyrrell says she will support the bill because it gives local communities and ministers more control over reviews of past environmental decisions, which she argues will stop the salmon industry being left in limbo.

Read in Hansard ↗
Lead voice Opposes

Karen Grogan

Australian Labor Party • Senator 12 Feb 2025

Grogan opposes the bill, saying it would restrict reconsideration of environmental decisions, weaken safeguards, and cut community and expert oversight.

Read in Hansard ↗

All speeches by bloc

Labor

1 speaker · 1 oppose

Coalition

3 speakers · 4 contributions · 3 support

  1. Jonathon Duniam Duniam supports the bill and says it is needed to give certainty to salmon workers and protect a long-running industry in Macquarie HarbourThe Tasmanian site used as the main example in the bill materials. It is where a salmon farming approval was later reopened, prompting the push for time limits..
    “So I say that if you're serious about protecting this industry, if you're serious about getting a good outcome and if you're serious about saying you support the salmon workers, then, this being the last sitting fortnight that we will have before this election—and I think that is the case—do something before the election to provide certainty for salmon workers. Do something to ensure that this industry can operate with certainty into the future. You cannot say you support this industry, which, frankly, science has proven is sustainable, is manageable and will create jobs while protecting the environment and protecting the future of the maugean skate—do something! If you don't want to support this bill in its current form, amend it or, I don't know, move a motion to protect this industry. Call on this environment minister, who has sat on her hands and now sat on departmental advice for nearly 18 months, and do something to protect these jobs and this community. It is what any good Tasmanian would do. That's what I am doing, along with Senator Colbeck, Senator Chandler and Senator Askew.”

    Liberal Party • Senator • 12 Feb 2025

    Read the full speech in Hansard ↗
  2. Claire Chandler Chandler supports the bill and says it is needed to give Tasmanian salmon workers the certainty they need.
    “If we are able to bring this bill on for vote today—and I certainly do hope that is something we can do—then I think that will go some way to providing the certainty that this industry needs. The government has not provided them with that certainty. The government has not listened to Tasmanian salmon workers. It has not listened to the concerns of the industry and what they are seeking to achieve. They just want certainty.”

    Liberal Party • Senator • 12 Feb 2025

    Read the full speech in Hansard ↗

Greens

2 speakers · 2 oppose

  1. Nick McKim Nick McKim says the Greens oppose the bill because it is part of a Liberal-led push to weaken Australia’s already weak environment laws, which he says would further undermine nature and biodiversity.
    “But Labor wouldn't even progress their weak attempt to fix our weak environment laws, because they got their riding orders from the giant fossil fuel corporations who, remember, are making obscene profits and whose CEOs are making multimillion dollar salary packages by cooking our planet. What that means is they are making obscene profits and their CEOs are making multimillion dollar salary packages by engaging an action that will actually result in large numbers of people dying, even greater numbers of people being displaced from their homes, famine, war and a massive civilisational upheaval that humanity will face as we move through the decades of this century. Instead of actually taking action in the public interest, we have Labor kowtowing to the fossil fuel sector and refusing to progress reforms to fix our broken environment laws and the Liberals coming in here today moving to undermine our already pathetically weak environment laws.”

    Australian Greens • Senator • 12 Feb 2025

    Read the full speech in Hansard ↗

Minor parties and independents

1 speaker · 1 support

Full record

Full chat